My friend Donald Ramsell argued this case before the United States Supreme Court. ================================= Justice Breyer delivered the opinion of the Court. This Fourth Amendment case focuses upon a highway checkpoint where police stopped motorists to ask them for information about a recent hit-and-run accident.  We hold that the police stops were reasonable, hence, constitutional. […]

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CHIEF JUSTICE ROBERTS, with whom JUSTICE SCALIA joins, dissenting from denial of certiorari. Every year, close to 13,000 people die in alcohol-related car crashes — roughly one death every 40 minutes. See Dept. of Transp., Nat. Hwy. Traffic Safety Admin., Traffic Safety Facts, 2007 Traffic Safety Annual Assessment — Alcohol-Impaired Driving Fatalities 1 (No. 81106, […]

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MEMORANDUM AND ORDER At approximately 10:35 p.m. on June 28, 2000, Sergeant Eric D. Horn attempted to enter the Harford Road gate of the Army facility located at Aberdeen Proving Ground, Maryland. Officer Daniel L. Jarrell stopped Horn’s vehicle for an identification check. As a result of his observations of Horn, Jarrell suspected that Horn […]

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Linh Nguyen (“Nguyen”) appeals his conviction following a bench trial for violations of 36 C.F.R. §§ 4.22(b)(1) and 4.23(a)(1). The Magistrate Judge denied Nguyen’s requests for an acquittal and also overruled objections, both at trial and in limine, concerning the sobriety tests administered to Nguyen and Rule of Evidence 702. Nguyen now appeals the denied […]

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This case presents two issues for our consideration. First, we are asked to consider whether, in administering field sobriety tests, the police must strictly comply with established, standardized procedures. The second issue concerns R.C. 2945.72(E), which provides that pretrial motions instituted by criminal defendants extend the time within which they must be brought to trial. […]

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OPINION OF THE COURT BY WATANABE, J. Defendant-Appellant Victor Michael Ferrer (Defendant) appeals from the June 1, 1999 Judgment of the District Court of the First Circuit, ‘Ewa Division (the district court), convicting him of Driving Under the Influence of Intoxicating Liquor (DUI), in violation of Hawai’i Revised Statutes (HRS) § 291-4 (Supp. 1998). 1 […]

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PEOPLE v BERGER, 217 Mich App 213; 551 NW2d 421 (1996) PER CURIAM Defendant appeals by leave granted the circuit court affirmance of his district court conviction of operating a vehicle while under the influence of liquor, second offense, MCL 257.625(5); MSA 9.2325(5). We affirm. The only issue to be determined on appeal is whether […]

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Opinion BEFORE THE ENTIRE BENCH YOUNG, J. We granted leave in this case to determine whether defendant’s blood alcohol test results were properly  suppressed where the police did not attempt to comply with the requirements of the implied consent  statute, MCL 257.625c; MSA 9.2325(3). Because the clear language of the implied consent statute requires an […]

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Plaintiff Wayne E. Hall, Sr. was arrested July 20, 1973 at the scene of a minor property damage accident in Delta Township, Eaton County. The accident occurred at about 6 p.m. He was handcuffed at the scene, placed under arrest and taken in the police car to the Eaton County Jail at Charlotte. Plaintiff was […]

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In February of 1968 the police arrested the plaintiff for driving an automobile while under the influence of intoxicating liquor. n1 He was taken to the police station and there advised of his rights, including his right to a chemical test to determine the alcoholic content of his blood. When offered a breath test pursuant […]

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Trying to do your own legal research?  Have a question that you don’t want to share with a lawyer?  Consider this your own on-line legal library for DUI cases where you can browse important legal opinions from across the nation! Tweet This Post

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